Topic: THE SUPERIORITY OF FIQH OVER HADITH Posted: 04 April 2005 at 2:45am

Bi ismillahir rahmanir raheem

Assalamu alaikum

THE SUPERIORITY OF FIQH OVER H.ADITH

by GF Haddad

{He gives wisdom to whomever He will, and whoever receives wisdom receives
immense good} (2:269). "He for whom Allâh desires great good, He grants him
(superlative) understanding in the Religion (yufaqqihhu/yufqihhu fî al-dîn).
I only distribute and it is Allâh Who gives. That group shall remain in
charge of the Order of Allâh, unharmed by those who oppose them, until the
coming of the Order of Allâh."1

Imâm al-Shâfi`î said: "You [the scholars of h.adîth] are the pharmacists but
we [the jurists] are the physicians." Mullâ `Alî al-Qârî commented: "The
early scholars said: The h.adîth scholar without knowledge of fiqh is like a
seller of drugs who is no physician: he has them but he does not know what
to do with them; and the fiqh scholar without knowledge of h.adîth is like a
physician without drugs: he knows what constitutes a remedy, but does not
have it available."2

Imâm Ah.mad is related by his students Abû T.âlib and H.umayd ibn Zanjûyah
to say: "I never saw anyone adhere more to h.adîth than al-Shâfi`î. No one
preceded him in writing down h.adîth in a book." The meaning of this is that
al-Shâfi`î possessed the intelligence of h.adîth after which Ah.mad sought,
as evidenced by the latter's statement: "How rare is fiqh among those who
know h.adîth!" This is a reference to the h.adîth: "It may be one carries
understanding (fiqh) - meaning: memorizes the proof-texts of fiqh - without
being a person of understanding (faqîh)."3 The Salaf and Khalaf elucidated
this rule in many famous statements showing that, for all the exalted status
of the Muh.addith, yet the Faqîh excels him:

H.adîth Misguides Those Devoid of Fiqh

* Ibn Abî Zayd al-Mâlikî reports Sufyân ibn `Uyayna as saying: "H.adîth is a
pitfall (mad.illa) except for the fuqahâ'," and Mâlik's companion `Abd Allâh
ibn Wahb said: "H.adîth is a pitfall except for the Ulema. Every memorizer
of h.adîth that does not have an Imâm in fiqh is misguided (d.âll), and if
Allâh had not rescued us with Mâlik and al-Layth [ibn Sa`d], we would have
been misguided."4
Ibn Abî Zayd comments: "He [Sufyân] means that other than
the jurists might take something in its external meaning when, in fact, it
is interpreted in the light of another h.adîth or some evidence which
remains hidden to him; or it may in fact consist in discarded evidence due
to some other [abrogating] evidence. None can meet the responsibility of
knowing this except those who deepened their learning and obtained fiqh."
Imâm al-Haytamî said something similar.5
Ibn Wahb is also reported to say:
"I met three hundred and sixty learned people of knowledge but, without
Mâlik and al-Layth, I would have strayed."6
Another versions states: "Were
it not for Mâlik ibn Anas and al-Layth ibn Sa`d I would have perished; I
used to think everything that is [authentically] related from the Prophet -
Allâh bless and greet him - must be put into practice."7
Another version
has: "I gathered a lot of h.adîths and they drove me to confusion. I would
consult Mâlik and al-Layth and they would say to me, 'take this and leave
this.'"8 Ibn Wahb had compiled 120,000 narrations according to Ah.mad ibn
S.âlih..9
Hence, Ibn `Uqda replied to a man who had asked him about a
certain narration: "Keep such h.adîths to a minimum for, truly, they are
unsuitable except for those who know their interpretation. Yah.yâ ibn
Sulayman narrated from Ibn Wahb that he heard Mâlik say: 'Many of these
h.adîths are [a cause for] misguidance; some h.adîths were narrated by me
and I wish that for each of them I had been flogged with a stick twice. I
certainly no longer narrate them!'"10
By his phrase, "Many of these h.adîths
are misguidance," Mâlik means their adducing them in the wrong place and
meaning, because the Sunna is wisdom and wisdom is to place each thing in
its right context.11

* Ibn al-Mubârak said: "If Allâh had not rescued me with Abû H.anîfa and
Sufyân [al-Thawrî] I would have been like the rest of the common people."
Al-Dhahabî relates it as: "I would have been an innovator."12

The Imâms of H.adîth Defer to the Imâms of Fiqh

* Imâm Ah.mad's teacher, Yah.yâ ibn Sa`îd al-Qat.t.ân, despite his foremost
status as the Master of h.adîth Masters and expert in
narrator-recommendation and discreditation, would not venture to extract
legal rulings from the evidence but followed in this the fiqh of Abû H.anîfa
as he explicitly declared: "We do not belie Allâh. We never heard better
than the juridical opinion (ra'î) of Abû H.anîfa, and we followed most of
his positions."13
Similarly, Muh.ammad ibn `Abd Allâh ibn `Abd al-H.akam
said: "If it were not for al-Shâfi`î I would not have known how to reply to
anyone. Because of him I know what I know."14 As for Muh.ammad ibn Yah.yâ
al-Dhuhlî (d. 258) of Khurâsân, whom Abû Zur`a ranked above Imâm Muslim and
who is considered an Amîr al-Mu'minîn fî al-H.adîth ("Commander of the
Faithful in the Science of H.adîth"), he never considered himself a
non-muqallid but said: "I have made Ah.mad ibn H.anbal an Imâm in all that
stands between me and my Lord."15 Mis`ar ibn Kidâm said the same with regard
to Imâm Abû H.anîfa.16

Knowledge Is Not Memorization but a Light

* Fiqh is the context of Mâlik's statement: "Wisdom and knowledge are a
light by which Allâh guides whomever He pleases; it does not consist in
knowing many things"17 and al-Shâfi`î's: "Knowledge is what benefits.
Knowledge is not what one has memorized."18
Similarly, al-Dhahabî defined
knowledge in Islâm (al-`ilm) as "Not the profusion of narration, but a light
which Allâh casts into the heart. Its condition is followership (ittibâ`)
and the flight away from egotism (hawâ) and innovation."19 All this
elucidates al-H.asan al-Bas.rî report that the Prophet said: "The purpose and energy of the Ulema is towards addressing
needs while the purpose and energy of fools is to narrate" (himmat
al-`ulamâ' al-ri`âya wa himmat al-sufahâ' al-riwâya).20

The H.adîth of the Jurists is Preferable to That of the Non-Jurists

* Wakî` preferred long-chained narrations through the fuqahâ' to
short-chained ones through non-fuqahâ' and said: "The h.adîth current among
the jurists is better than the h.adîth that is current among the h.adîth
scholars."21
This is a foundational rule in the School of Imâm Abû H.anîfa.
Like Yah.yâ al-Qat.t.ân, Wakî` did not make ijtihâd but followed the
positions of Abû H.anîfa.22

* Al-A`mash (Abû Muh.ammad Sulaymân ibn Mahrân al-Asadî the Tâbi`î 61/-148)
also said: "The h.adîth that jurists circulate among themselves is better
than that which h.adîth narrators circulate among themselves."23

* Ibn Rajab said that Abû Dâwûd in his Sunan was more concerned with the
jurisprudence of the h.adîth than with its chains of transmission.24

Knowing the H.adîth is Different From Practicing It

* Sufyân al-Thawrî used to say to the h.adîth scholars: "Come forward, O
weak ones!"25 He also said: "If h.adîth were a good thing it would have
vanished just as all goodness has vanished," and "Pursuing the study of
h.adîth is not part of the preparation for death, but a disease that
preoccupies people." Al-Dhahabî commented: "He said this verbatim. He is
right in what he said because pursuing the study of h.adîth is other than
the h.adîth itself."26

Understanding the H.adîth is Superior to Knowing It

* Sufyân also said: "The explanation (tafsîr) of the h.adîth is better than
the h.adîth."27 Another wording has: "The explanation of the h.adîth is
better than its audition."28 Abû `Alî al-Naysabûrî said: "We consider
understanding superior to memorization."29

* Ish.âq ibn Râhûyah said: "I would sit in Iraq with Ah.mad ibn H.anbal,
Yah.yâ ibn Ma`în, and our companions, rehearsing the narrations from one,
two, three routes of transmission... But when I said: What is its intent?
What is its explanation? What is its fiqh? They would all remain mute except
Ah.mad ibn H.anbal."30

* The perspicuity and fiqh of Abû Thawr among the h.adîth Masters is famous.
A woman stood by a gathering of scholars of h.adîth comprising Yah.yâ ibn
Ma`în, Abû Khaythama, Khalaf ibn Salim, and others. She heard them saying:
"The Prophet said," and "So-and-so narrated,"
and "No one other than So-and-so narrated," etc. Whereupon she asked them:
"Can a woman in her menses wash the dead?" for that was her occupation. No
one in the entire gathering could answer her, and they began to look at one
another.
Abû Thawr arrived, and they referred her to him. She asked him the
same question and he said: "Yes, she can wash the dead, as per the h.adîth
of al-Qâsim from `A'isha: 'Your menses are not in your hand,'31 and her
narration whereby she would scrub the Prophet's hair at a time she was menstruating.32 If the head of the living can
be washed [by a woman in her menses], then a fortiori the dead!"
Hearing
this, the h.adîth scholars said: "Right! So-and-so narrated it, and
So-and-so told us, and we know it from such-and-such a chain," and they
plunged back into the narrations and chains of transmission.
The woman said: "Where were you all until now?"33

* Ibn `Abd al-Barr cites Imâm Ah.mad as saying: "From where does Yah.yâ ibn
Ma`în know al-Shâfi`î? He does not know al-Shâfi`î nor has any idea what
al-Shâfi`î says!"34 Ibn Râhûyah similarly conceded defeat before
al-Shâfi`î's jurisprudence although himself reputed for fiqh.35

* Anas ibn Sîrîn said: "I came to Kûfa and found in it 4,000 persons
pursuing h.adîth and 400 persons who had obtained fiqh."37

* Ibn `Abd al-Salâm said: "The majority of h.adîth scholars are ignorant in
fiqh."38 A majority of 90" according to Anas ibn Sîrîn - among the Salaf!

* Al-Dhahabî said: "The majority of the h.adîth scholars have no
understanding, no diligence in the actual knowledge of h.adîth, and no fear
of Allâh regarding it."39 All of the authorities al-Dhahabî listed as "those
who are imitated in Islâm" are Jurisprudents and not merely h.adîth masters.

Al-Fâriqî said: "One who knows chains of h.adîth but not the legal rulings
derived from them cannot be counted among the Scholars of the Law." His
student Ibn Abî `As.rûn (d. 585) also followed this view in his book
al-Intis.âr.40

Not Every Sound Hadîth Forms Evidence

* Ibrâhîm al-Nakha`î said: "Truly, I hear a h.adîth, then I see what part of
it applies. I apply it and leave the rest."41 Shaykh Muh.ammad `Awwâma said:
"Meaning, what is recognized by the authorities is retained while anything
odd (gharîb), anomalous (shâdhdh), or condemned (munkar) is put aside."
Yazîd ibn Abî H.abîb said: "When you hear a h.adîth, proclaim it; if it is
recognized, [keep it,] otherwise, leave it."42

* Ibn Abî Laylâ said: "A man does not understand h.adîth until he knows what
to take from it and what to leave."43

* `Abd al-Rah.mân ibn Mahdî, the Commander of the believers in H.adîth,
said: "It is impermissible for someone to be an Imâm [i.e. to be imitated]
until he knows what is sound and what is unsound and until he does not take
everything [sound] as evidence, and until he knows the correct way to infer
knowledge [in the Religion]."44

* Al-Shâfi`î narrated that Mâlik ibn Anas was told: "Ibn `Uyayna narrates
from al-Zuhrî things you do not have!" He replied: "Why, should I narrate
every single h.adîth I heard? Only if I wanted to misguide people!"45

Shaykh `Abd al-Fattâh. Abû Ghudda mentioned some of the above examples and
commented: "If the likes of Yah.yâ al-Qat.t.ân, Wakî` ibn al-Jarrâh., `Abd
al-Razzâq, Yah.yâ ibn Ma`în, and those who compare with them, did not dare
enter into ijtihâd and fiqh, then how rash are the claimants to ijtihâd in
our time! On top of it, they call the Salaf ignorant without the least shame
nor modesty! Allâh is our refuge from failure."46

BLESSINGS AND PEACE ON THE PROPHET

his Family, his Companions, the Four
Imâms, and those who imitate them until the Day of Judgment.

NOTES

1H.adîth of the Prophet narrated from Mu`âwiya
by al-Bukhârî and Muslim.

33Ibn al-Subkî in T.abaqât al-Shâfi`iyya, al-Sakhâwî in his introduction to
al-Jawâhir wa al-Durar, and al-Haytamî in his Fatâwâ H.adîthiyya (p. 283).
Something similar is narrated of Ah.mad by Ibn Rajab in his Dhayl T.abaqât
al-H.anâbila (1:131) and al-`Ulaymî in al-Manhaj al-Ah.mad (2:208).

34Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (2:160).

35Ish.âq ibn Ibrâhîm ibn Makhlad, known as Ish.âq ibn Râhûyah or Râhawayh,
Abû Ya`qûb al-Tamîmî al-Marwazî al-Hanzali (d. 238), one of the major
h.adîth Masters. Abû Qudâma considered him greater than Imâm Ah.mad in
memorization of h.adîth, a remarkable assessment considering Ah.mad's
knowledge of 700,000 to a million narrations according to his son `Abd
Allâh's and Abû Zur`a al-Râzî's estimations. He once said of himself: "I
never wrote anything except I memorized it, and I can now see before me more
than 70,000 h.adîths in my book"; "I know the place of 100,000 h.adîths as
if I were looking at them, and I memorize 70,000 of them by heart - all
sound (s.ah.îh.a) - and 4,000 falsified ones." [Narrated by al-Khat.îb in
al-Jâmi` li Akhlâq al-Râwî (2:380-381 #1832-1833).]
He did not reach the
same stature in fiqh. Al-Bayhaqî and others narrate that he unsuccessfully
debated al-Shâfi`î on a legal question, as a result of which the latter
disapproved of his title as the "jurisprudent of Khurâsân." To a Jahmî
scholar who said: "I disbelieve in a Lord that descends from one heaven to
another heaven," Ibn Râhûyah replied: "I believe in a Lord that does what He
wishes." [Narrated by al-Dhahabî who identifies the scholar as Ibrâhîm ibn
(Hishâm) Abî S.âlih. in Mukhtas.ar al-`Uluw (p. 191 #234).] Al-Bayhaqî
comments: "Ish.âq ibn Ibrâhîm al-Hanzali made it clear, in this report, that
he considers the Descent (al-nuzûl) one of the Attributes of Action (min
s.ifât al-fî`l). Secondly, he spoke of a descent without `how'. This proves
he did not hold displacement (al-intiqâl) and movement from one place to
another (al-zawâl) concerning it." [See post titled, "The `Descent' of Allâh
Most High".] Sources: Ibn Abî Ya`lâ, T.abaqât al-H.anâbila (1:6, 1:184);
al-Bayhaqî, Manâqib al-Shâfi`î (1:213) and al-Asmâ' wa al-S.ifât (2:375-376
#951); al-Dhahabî, Siyar (9:558 #1877); Ibn al-Subkî, T.abaqât al-Shâfi`iyya
al-Kubrâ (2:89-90, 9:81).

36Narrated by Abû Ya`lâ in T.abaqât al-H.anâbila (1:329) and cited by Shaykh
Abû Ghudda in his introduction to Muh.ammad al-Shaybânî's Muwat.t.a' and his
short masterpiece al-Isnâd min al-Dîn (p. 68).

37Narrated by al-Râmahurmuzî in al-Muh.addith al-Fâs.il (p. 560).

38Ibn `Abd al-Salâm, al-Fatâwâ al-Maws.iliyya (p. 132-134).

39In al-Sakhâwî, al-Jawâhir wa al-Durar (p. 18).

40Al-Sakhâwî, al-Jawâhir wa al-Durar (p. 20-23).

41Narrated from Ibn Abî Khaythama by Abû Nu`aym in the H.ilya (4:225) and
Ibn Rajab in Sharh. `Ilal al-Tirmidhî (1:413).

42In Ibn Rajab, Sharh. `Ilal al-Tirmidhî (1:413).

43In Ibn `Abd al-Barr, Jâmi` Bayân al-`Ilm (2:130).

44Narrated by Abû Nu`aym in the H.ilya (9:3).

45Narrated by al-Khat.îb in al-Jâmi` li Akhlâq al-Râwî (2:109).

46Abû Ghudda, al-Isnâd min al-Dîn (p. 68). He means by his remarks al-Albânî
and others of his ilk. Abû Ghudda's student, Shaykh Muh.ammad `Awwâma,
listed several examples of this rule of the Salaf in his Athar al-H.adîth
al-Sharîf fî Ikhtilâf al-A'immat al-Fuqahâ' ("The Mark of the Noble H.adîth
in the Differences of the Imâms of Jurisprudence").

The superiority of fiqh over hadith and hadith over fiqh - would have been a nice title. Two quotes I really enjoyed were:

"The early scholars said: The h.adîth scholar without knowledge of fiqh is like a seller of drugs who is no physician: he has them but he does not know what to do with them; and the fiqh scholar without knowledge of h.adîth is like a physician without drugs: he knows what constitutes a remedy, but does not have it available."

and,

"Can a woman in her menses wash the dead?" for that was her occupation. No one in the entire gathering could answer her, and they began to look at one another.

Abû Thawr arrived, and they referred her to him. She asked him the same question and he said: "Yes, she can wash the dead, as per the h.adîth of al-Qâsim from `A'isha: 'Your menses are not in your hand,'31 and her narration whereby she would scrub the Prophet's hair at a time she was menstruating.32 If the head of the living can be washed [by a woman in her menses], then a fortiori the dead!"

That would contradict it self br, esentially yes fiqh needs ahadith but
no one is arguing that point becouse that is the lesser danger of the
two. The real danger is in trying to interprate the ahadith for your
self or even worse come up with your own fatwa by simply reading the
hadith and quran with out looking at many other factors like language,
context, abrogation, conditions on what rasul allah(sallah llahu alaihi wa sallam) said, how your
ruling may contradict other things in the quran and sunnah...etc

>>>Can someone explain in layman's terms the difference/similarity between Fiqh and Fatawas<<<

Fatwa: legal opinion concerning Islamic Law.

Fiqh:The meaning of the word fiqh is understanding, comprehension,
knowledge, and jurisprudence (The philosophy or science of law) in Islam. A jurist is called a Faqih who
is an expert in matters of Islamic legal matters.

A Faqih is to pass verdicts within the rules of the Islamic Law namely Shariah.

The most famous scholars of Fiqh in the history Muslims are the
founders of the four schools of thought in Islam: Imam Malik, Imam
Ash-Shafi'i, Imam Abu Hanifah, and Imam Ahmad.

Anything or action in Islam falls within the following five categories of Fiqh:

Fardh (Must): This category is a must for
the Muslim to do such as the five daily prayers. Doing the Fardh counts
as a good deed, and not doing it is considered a bad deed or a sin.

It is also called Wajib except for Imam Abu Hanifah who makes Wajib a separate category between the Fardh and the Mubah.

Mandub (Recommended): This category is
recommended for the Muslim to do such as extra prayers after Zuhr and
Maghrib. Doing the Mandub counts as a good deed and not doing it does
not count as a bad deed or a sin.

Mubah (Allowed): This category is left
undecided and left for the person, such as eating apples or oranges.
Doing or not doing the Mubah does not count as a good or bad deed.

Intention of the person can change Mubah to Fard, Mandub, Makruh, or Haram.

Other things could also change the status of the Mubah. For example,
any Mubah becomes Haram if it is proven harmful, and any necessary
thing to fulfill a Fardh is a Fardh too.

Makruh (Hated): This category is a
detested and hated such as growing fingernails or sleeping on the
stomach. Not doing the Makruh counts as a good deed and doing it does
not count as a bad deed.

Haram (Prohibited): This category is
prohibited for the Muslim to do such as stealing and lying. Doing the
haram counts as a bad deed and not doing it counts as a good deed.

Imam Abu Hanifah also puts another category between the Makruh and
the Haram. It is called Karahah Tahrimiyyah which means hated almost to
the level of Haram.

Basicaly Fiqh is the Philosophy or science of Law it self.

we also have Usul
al Fiqh which is Methodology in Islamic
Jurisprudence or more simply method of deriving islamic law
from quran and sunnah ie a set of rules to follow to make islamic
rullings (fatawa).

insha allah that was simple.

Edited by rami

Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.

>>>It would be no less contradictory as the superiority of fiqh over hadith, as figh is based upon hadith.<<<

The Title is implying what i said above ie the "danger in
interpretation", that is it's meaning. It isnt a literal title but
pointing towards something.

>>>one may be better off having drugs (hadith)<<<

it is better to die on something good and not knowing rather than die
in a bad state from poisoning your soul, as allah said in the quran "the
only thing that will avail you on that day is having a sound heart".

Realisticaly we are not in a state where there are no drugs, but
that of little fiqh which is why that danger as i said above is more
prominant.

I have never heard of any of the great scholars taking there opinion
over that of a hadith and quran, Ijtihad is only used when there is no
hadith or quran for a particular situation.

Edited by rami

Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.

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